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Leawood BZA denies variance for large grade change on Lee Boulevard after neighbors raise runoff concerns
Summary
The BZA denied a requested variance to exceed the maximum allowed grade change for a planned teardown and rebuild on Lee Boulevard after board members found the hardship criterion unmet; several neighbors raised worries about stormwater and basement flooding.
The Leawood Board of Zoning Appeals on June 25, 2025 voted to deny a request for a variance to the maximum allowed grade change for a teardown–rebuild project referenced as case 30-2025 (Lee Boulevard). The motion to deny passed 3–2.
Applicant representatives told the board the proposal is for a teardown and new house that requires a retaining wall and a grade change of about 5.7 feet in one area; the requested variance was 4.7 feet above the code limit. Patrick Willis of Willis Custom Homes and John Ray of Phelps Engineering described the design and said engineers had prepared a drainage plan that would include an infiltration trench.
Multiple neighbors said they were concerned about stormwater and basement flooding. Tim McMullen, who lives directly downhill from the property, said: "My concern is with the water runoff." Several other nearby residents mentioned prior basement flooding in the area and asked how additional impervious area and a taller wall would affect water flowing down Lee Boulevard. Richard Bernauer, president of the Leawood Estates Homes Association, asked that the builder work with neighbors on wall design and drainage details.
City staff told the board that a stormwater study is required for any teardown–rebuild and that Public Works had reviewed the grading plan submitted for this case and "took no exception" to it for the purpose of the BZA hearing. Staff reiterated that final plan approval and a formal stormwater/stormwater-management review remain required before any building permit is issued.
Board discussion turned to the five variance criteria. Some members said the corner lot’s topography and concentrated slope on the south side gave the lot unique characteristics; others said a teardown–rebuild could be redesigned to avoid the need for a variance and that the hardship was self-created by the choice of house design. The board split on the hardship test, with the final denial motion passing 3–2.
The board’s decision means the applicant must either revise the design to avoid the grade-change variance or pursue other administrative remedies. Staff said the applicant may reapply and must submit the required stormwater documentation as part of any future proposal.
